Legal Question in Family Law in India
divorce
Sir,
I am married for 7-months under hindu marriage act.From the very first day my in-laws tortured me for not bringing enough dowry.My husband is behaving in a rude manner since then. We are living away from the in-laws but they have full interference in our lives specially my sister-in-laws.My husband does not allow me to talk to anyone and neither he takes me out.He is not fullfilling even the basic needs.He is having an affair with his colleage and said he will continue with her.I want to take divoce at the earliest but also want to punish my husband and sister-in-laws who are married.Am i entitaled for the alimony even if we go for divorce under mutual consent?
I am not working and financially weak.I do not want to disturb my father as he is retiring in july.I do not have any source of income to contest for my case.Can you recommend any NGO through which i can contest my case at minimum fees.
3 Answers from Attorneys
Re: divorce
(1) You are entitled to contest your case FREE of cost through the STATE LEGAL SERVICES AUTHORITY.
(2) You may initiate criminal proceedings against your husband and his relatives for having committed cruelty against you. You may consider lodging a police case under sections 406/420 / 498-A IPC against your husband and his sisters/ relatives.
(3) You may claim maintenance and damages under the Domestic Violence Act and also under the Hindu Adoptions & Maintenance Act.
(4) You should be very cautious in levelling allegations of 'extra marital affairs' against your husband because it may be difficult to prove such allegations. You should not repeat these allegations anywhere unless you have any proof to substantiate your statement. An unsubstantiated allegation may harm your case in the long run.
(5) You should first settle down, seek return of your istridhan; get adequate compensation and maintenance; before you consider divorce.
(6) For any further legal help, you may write e-mail giving your complete details.
Re: divorce
you can claim maintainance from your husband. if it is mutual then your terms of agreement should speak of teh same. you can file dowery harassment case against your husband and sister inlaw . you can also file case under Domestic violance act agains teh male members in your family. you can approah the legal aid board which will provide you free leagal aid
Re: divorce
In mutual consent divorce terms are decided by both the parties and you can even ask for alimony.
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